(영문) 수원지방법원 2018.06.29 2018노996 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.06.29 2018노996

도로교통법위반(음주측정거부)

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Comprehensively taking account of the following: (a) the Defendant stopped on the left-hand left-hand lane while driving a cargo vehicle; (b) stopped on the left-hand lane; and (c) the Defendant was a current offender committing a violation of the Road Traffic Act, taking into account the following: (a) the police officer arrived at the scene after receiving a report 112; and (d) the Defendant was snickly smelled when approaching the scene; and (b) the Defendant was approaching the scene.

Police officers may wear a lock to prevent the Defendant, who is a flagrant offender of a crime of violating the Road Traffic Act (driving of alcohol) pursuant to Article 10-2 (1) 1 of the Act on the Performance of Police Officers' Duties, for the purpose of "the prevention of escape". The above provision does not necessarily apply under the premise of arrest of a flagrant offender.

As the place of occurrence of this case has a large volume of traffic, there were concerns over causing serious harm to human life and property if the drunk defendant runs away in a lane, so police officers have reasonable reasons to take necessary measures to prevent such occurrence.

Therefore, the police officer's act of taking on the defendant is a legitimate execution of duty based on Article 10-2 (1) 1 of the Police Officers' Duties Execution Act.

B. The Defendant attempted to cut the wall on the side of the road while leaving the wall. The Defendant’s attempt to cut off the wall on the side of the road. Since the Defendant was likely to cut off the lane on the side of the road, it cannot be deemed that the police officer’s demand for the measurement of drinking in a manner that the Defendant demanded the measurement of drinking in the shape of the locking.

Rather, under the influence of alcohol

The request for a measurement of drinking to a defendant with considerable grounds for suspect is a judicial police officer's duty provided for in Articles 195, 196 (1) and 196 (2) of the Criminal Procedure Act, which is an investigation procedure for collecting evidence for a crime of drinking driving.

(c)

Ultimately, it is legitimate for police officers to request for the measurement of drinking alcohol by taking on the Defendant.

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